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Laxmi Narain Tripathi v. State Of U.P. And Others - WRIT - A No. 56630 of 2006  RD-AH 17625 (12 October 2006)
Hon'ble Amitava Lala,J.
The petitioner will be entitled to take defence which is taken in the writ petition in his reply to the show cause, if any.
Order of suspension is not a punishment. Normally such order is passed by an authority to maintain the independence of the enquiry. Therefore, Court can only interfere with the order of suspension in the rarest of the rare cases where it appears to be apparently punitive or malafide in nature or without jurisdiction. This is not such a case so that we should interfere with it. Hence, no order is passed with regard to order of suspension.
However, non-interference with the order of suspension will not entitle the authority to keep the enquiry proceeding pending indefinitely, therefore, such enquiry proceeding will be concluded preferably within a period of two months.
Thus, the writ petition is disposed of.
No order is passed as to costs.
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